BILL NUMBER:S8229

TITLE OF BILL:

An act to amend the executive law, in relation to the definition of
qualified agencies

PURPOSE:

To authorize public defenders, legal aid societies, and administrators
of assigned counsel plans to have access to the Division of Criminal
Justice Services' criminal history records for use in connection with
the representation of public defense clients as defined in County Law
article 18-b.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 9 of Executive Law section 835 to add
public defenders, legal aid societies, and assigned counsel administra-
tors to the list of qualified agencies. Qualified agencies may enter
into agreements with the Division of Criminal Justice Services for
access to its criminal history database as authorized by subdivision 6
of Executive Law section 837.

JUSTIFICATION:

              

Agencies that are defined as "qualified agencies" under Executive Law

§ 835(9) have access to the criminal history records maintained by the
Division of Criminal Justice Services. See Executive Law § 837(6); 9
NYCRR Part 6051. The proposed bill would add public defenders, legal aid
societies, and administrators of assigned counsel programs to the list
of qualified agencies. Public defense providers would then be able to
enter into use and dissemination agreements with the Division of Crimi-
nal Justice Services that would govern their access to criminal history
information.

In order to provide effective representation, including bail applica-
tions, case investigation, plea negotiation, and sentencing advocacy,
public defense attorneys need to have ready access to criminal history
reports of clients and witness. Currently, public defense providers rely
on district attorneys, judges, and other members of the criminal justice
community for access to criminal history reports; often, disclosure of
these reports is not timely.  Providing public defense counsel direct
access to criminal history reports will help them provide effective
representation to their clients and will improve the efficiency of the
entire criminal justice system in New York State.

In 1991, counsel for the Division of Criminal Justice Services acknowl-
edged the importance of granting public defense counsel direct access to
criminal history information: "Since defense representation is a crimi-

nal justice function and an integral part of the criminal justice
system, it is a natural extension to grant defense counsel the same
ability to access Division of Criminal Justice Services criminal history
records currently afforded to prosecutors." 1991 Legislative Proposal
#IR Memorandum, M. Dawn Herkenham, Counsel, Division of Criminal Justice
Services to Evan A.  Davis, Counsel to the Governor. The Division of
Criminal Justice Services' Systems Improvements for Enhanced Community
Safety (SIFECS) Public Defense State I Report (1990) also advocated for
public defense counsel having direct access to criminal history informa-
tion.  "Ready access to criminal histories Will benefit the defense and
positively impact the efficiency of the criminal justice system."
Public Defense State I Report, III-3.

LEGISLATIVE HISTORY:

New.

FISCAL IMPLICATIONS:

Minimal

LOCAL FISCAL IMPLICATIONS:

EFFECTIVE DATE:

Immediately.